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the nonconforming use provisions of City's Zoning Ordinance. City's covenants under this section shall survive termination of this Agreement. (� In connection with the foregoing provisions, each party acknowledges, warrants and represents that: (i) It has been fully informed by and represented by counsel of that party's choice in connection with the rights and remedies of that party under, and the waivers contained in those provisions; and (ii) After that advice and consultation, it has presently and actually intended, with full knowledge of that party's rights and remedies otherwise available at law or in equity, to waive and relinquish those rights and remedies to the extent specified. 25. Litigation Expenses. (a) If either party brings an action or proceeding (including any cross- complaint, counterclaim, or third-party claim) against the other party by reason of an event of default, or otherwise arising out of this Agreement, the prevailing party in that action or proceeding is entitled to its costs and expenses of suit, including reasonable attorneys' fees, which aze payable whether or not the action is prosecuted to judgment. (b) If either party must initiate or defend any action or proceeding with a third person (including, without limitation, any cross-complaint, counterclaim or third-party claim) because the other party is in default under this Agreement, or has failed to enforce this Agreement, or otherwise failed to perform duties or obligations arising out of this Agreement, whether that failure constitutes a default under this Agreement, and the party initiating or defending the action or proceeding prevails therein, then the prevailing party is entitled to reasonable attorneys' fees from the other party. (c) Attorneys' fees under this section include attorneys' fees on any appeal, and, in addition, a party entitled to attomeys' fees is entitled to receive all other reasonable costs and expenses incurred in connection with the action. 26. Certain Obligations Non-Recourse. Pacific Shores's obligations hereunder are intended to be the obligations of the limited partnership and of the corporation which is the general partner, and no recourse for the payment of any amount due under this Agreement or for any claim based thereon or otherwise in respect thereof, shall be had against any limited partner of Pacific Shores or any incorporator, shareholder, officer, director or affiliate, as such, past, present or future of such corporate general partner or of any successor to such corporate general partner; or against any direct or indirect parent corporation of such general partner or other general partner or of any limited partner of Pacific Shores or any other subsidiary or affiliate of any such direct or indirect parent corporation or any incorporator, shareholder officer or director, as such, past, present or future, of any such parent or other K:\DOC\0002\0033\AGR\CITY.DA6 �" 29-Dec-1998 AT 35:00